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Dude you can convert from CP to AOS even after filing for CP. Your CP can be canceled. Vise-versa is more complicated. Even murthy.com had some write up on this. Go search their website.

Talk to a lawyer and stop cribbing here. Your situation is nothing different from others.

Internet/ssnd03,

I would like to clarify few things on behalf of CP filers:

1. Taking CP or 485 route is a personal decision and none of the CP filers have to justify you guys especially when you do not have a pragmatic approach to this issue.

2. If CP filers were not contributing to IV because they were not seeing any benefit out of IV efforts; what do you expect from CP filers to win your kind heart? Contribute in every single way even knowing that IV would do nothing to CP filers? How many such great souls do we have among 485 filers who are here just to get their GC sooner (which means I am not talking about volunteers who have GC but still helping IV - kudos to you guys).

Tell the 485 filers that IV will only take care of members whose PD is over 3 or 4 years old and see how many of those birds will still be on the IV tree!

3. There is no sin, stupid logic in CP filers (who are already in the USA) asking for a provision like EAD. And, CP filers are asking for it just because of the severe retrogression we are in. And they would not have asked for it if there was a separate VISA numbers pool available for CP filers.

You are (or were) just a beneficiary in this system like every one else. CP or 485, every one have equal right to bring up their issue to the Govt.

485 guys want to speed up the name check, multiple year EAD, AP, increase visa numbers to infinity, remove per country limit, make EB2 current just because you guys made a decision to go with EB2 assuming that would be a faster queue. you guys even change EB3 to EB2 to speed up application and even sue USCIS!!! And all this are fair!!!

But a guy should not opt to go for CP assuming that would be a faster queue. Even if he/she does, should not come back and ask for ANY benefits even if the queue comes to a stand still for a decade because of all the July filers!

If the core members come and out and say that IV is only for 485 filers or only for those who have made contribution, then CP filers would take a stand.

Until then, chill out and do not show your frustrations on CP guys.

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nixstor

11-16 02:59 PM

but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal. Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will alwyas be a staement that says submission of this info is voluntary). t They cannot ask it if it is illegal, and clearly this information is used in the employment process. So, I am not so sure this is illegal. I am pretty sure that discriminating on nationality is illegal, but that is different

Yes! An employer can chose not to sponsor a H1B and hire a USC or GC holder for various reasons (for examples companies dont hire H1b's for positions when they are laying off ). AFAIK, EEO doesnt consider a H1B applicant in the aspect you are talking. When EEO talks about National Origin, it is talking about any discrimination faced by you in case if you are denied a job given that you are Indian/Chinese/whatever.

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mhathi

09-19 03:17 PM

Let me explain you in very human form: Baby is the fruit. It takes 9 months to get that fruit. To get that fruit humans put effort ( You know what I mean...). When they put effort, immediately they do not look for baby.. They wait for 9 months.. Correct.. Just apply this analogy to the struggle what we have initiated.:)

ROFL!!!! :))

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bestia

08-31 11:23 PM

you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!

Well.. this is how I understood "He applied for his so-called green card, [...], in 2004" if it means LC, then the article is correct. but then "eight years ago" - doesn't make sense.

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globaldesi

07-06 11:55 AM

I fully support the initiative. What more needs to be done to get the ball rolling?

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coloniel60

08-15 11:44 AM

You can't. No lawyer will do so as this is fraud. If uscis is able to track it down, ie: they kept the envelope, then such a person is in trouble.

You think they will go thru thousands of applications and check the tracking number? Besides I don't think they keep the original mailing envelope. So I think asking us to keep the tracking number is just BS.

USCIS is already making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11th, they say wait for 90 days.

While it seems like a great initiative - lets take a step back and examine the "materiality" of the $5MM number........

1. Annual budget of a typical State Univ is upwards of $1Bn. 2. $5MM can pay for college education of say, 100 kids (only about 50 if you include living expenses)

So, what the message that would go out in media would actually read like is the following:

"100,000 green card applicants trying to buy their way to US Residency by sponsoring 100 kids' college education and/or contributing 0.2% of Ohio State University's Annual Budget"

To the average American worker who has lost his/her job or knows someone close who has - this would, in my mind, seem like a bribe........and make them anti-EB if they already were not.........

All immigrant and non-immigrant workers do their fair share for this country by paying their taxes and abiding by the laws of the land + they pay significant fees during their entire H1 and GC process- a proposal that involves them shelling out any more $$s would only create a sense that we are trying to buy our way in plus its not really fair on the applicants in any way.

Well, you are missing the most important point - Illegal immigrant's probably don't care about the future of the country's educational direction. Family based immigrants don't care either. However WE are EB immigrants and we value education and that is exactly what we demonstrate by doing this. We should not be looking to fund hundreds of thousands of student's college education - heck even the mighty US government cannot do that. We are not a political organization. The way this will go out in the media is - these guys could have used the money to lobby with senators or other congressmen, instead, they choose to use it for a good cause. This is highly symbolic. And the key here is to involve the first lady. The moment you involve the first lady, it become apolitical.

Oh, and btw, we are not buying our way into a GC. Nowhere did I mention that. We, EB immigrants value education and hence want to donate for an educational charity/cause. We don't expect a GC by doing this - this is highly symbolic; however if the Obama administration takes up CIR this year and we start this campaign and this happens to go to the first lady and gain media attention at the right time, perhaps the administration would include legal immigration in the CIR which would have otherwise not been included.

Timing is critical to this. If we gain media attention a few weeks before CIR comes up for debate, we might have Legal, EB Immigration included into it. And CIR this year is our only chance and hope and if EB immigration is not considered parts of CIR, then we might as well kiss our GCs good bye.

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sledge_hammer

07-19 11:24 AM

This is a good piece of information...

This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............

Thanks for the good work. However, I saw a major potential flaw in estimating the applications from ROW. The report finds the life cycle for a ROWer to submit 485 is 1 year, thus assuming little AOS applications will be filed in the coming year from ROW. But this analysis forgot to consider those ROWers who started GC in year 2008. A person who started working in 11/2008 is ready to submit 485 now and uses one quota, even if a person who just started working won't be able to submit AOS till a year from now. With this under consideration, I feel the spillover will be much less than initially estimated. Please correct me if I missed anything.

Good observation, but the economy wasn't good in 2008 either and most of the time both PERM centers were closed for business. Chicago was closed in mid year and Atlanta wasn't working from late 2007 till early 2009.

So the number of PERM approvals would be very low. Assuming CIS cleared most of the I140 backlog as they indicated, their I485 numbers should include the recent ROW approvals as they become real backlog applications (backlogged by CIS processing not by visa numbers)

I am still waiting for the 2009 DOL and State report to validate this information.

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thomachan72

05-18 04:19 PM

for those with masters or phd there is already a special quota called EB1. All of the others are not different from one another. if with your MS/PhD you are going to do the same kind of job any qualified person from India would do, what is the need for a special catagory. You have to prove your point then everybody will agree. Just by saying "special quota for MS" we will ask; WHY? show us the reason. I know lot of engineering graduates/MBAs/research scientists who have got MS from here but dont see any special significant contribution. I also know lot of professionals (specialists in medical / other fields) who were trained in the US and are significantly valued all over the world. So to put it briefly, this argument will not work with the law makers. People with PhD and lot of publications / patents / significant contributions etc definitely need a special quota and they already have one. The rest of us are in the same boat friends.

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ragz4u

02-20 10:16 PM

Collecting contributions and spending them on political influence activities without making sure that all legal requirements are fulfilled is a dangerous endeavour. I hope you have everything set up the right way so you don't run afoul of the law (fixing retrogression is not going to do you any good if you are fighting a federal wire-fraud indictment at the time of your adjustment interview).

Very interesting thought....I like your choice of words....wire-fraud indictment....looks like the way your portray the officers, they all seem to be in this for money...right? Lets take a step back and look at the income of the org till now. As we have displayed on the website, we have collected USD30,000. Consider that there are 5 board of directors of this org. These guys are all well settled in their jobs and earn a decent living.....but hey here is $6K for each of them now :). Of course they will do a 'wire fraud' for this USD 6k after all this 6K will buy them a new house and a mercedes...right? Who cares about felony, 6K can change anyones life....wouldn't you hadron be willing to spend a year in prison for 6k? Sounds tempting right? Oh wait, but the amount is not really 6K since we have hired QGA. Dang, there goes the dream of owning a beach house with a mercedes! To think of something like this is not just ludicrous, its downright insulting....instead of encouraging folks who have taken upon themselves to do something about it, you are hell bent on spreading malice and sowing seeds of doubt in everyone's mind! We very well know what we are doing and we are doing so in a 100% legal manner.

Forget about us, do you think a firm as reputed as QGA would want to associate themselves with an org like us if we were not legit? Think again! Some of the folks who had gone to DC (on personal expenses, mind you)to have a preliminary discussion with QGA actually met Mr. Jack Quinn who used to be a legal counsel to Bill Clinton...do you think he has time to meet crooks who don't know a word about law and are doing something illegal? I keep on repeating myself, but if you go to the website, you will see Mr. Rajeev Khanna's email endorsing us. We actually met him in DC too. He has put a link to our website. Same with Attorney Matthew Oh. And how about Dr. Richard Florida? What are the odds of him endorsing an organization which is 100% illegal and committing a wire fraud? The answer is very obvious

Also, if you want to collect significant contributions, you have to instill some trust into the donors that their money will be used for the intended cause and can't be siphoned off by a member of the organization.

Ahhh...you make us dream of our beach houses and mercs....USD 6K....I could retire on that ! Please choose your words carefully. You should not be using words like 'siphon' so casually. We are proud of what we are doing and do take umbrage at ridiculous claims

So, before anyone decides to attack me personally, please come back with answers to these questions (or better, put them on the website for any potential contributor to see). There will always be naysayers for everything! But I would like to clarify if IV can legally get representation from QGA, provided we do get the money collected? That will be the critical difference between our previous efforts and IV!!!

I think I have answered all your questions as well as I could.....if you are still not satisfied...send me your phone number by private message and I'll call you.

bsnf and solaris27, Thanks for your prompt replies. It is good to get reliable first hand information from travelers instead of relying upon reports from consulates, airline websites etc which all contradict one another. Just out of curiosity, did anybody in India or Frankfurt ask to see the Advance Parole papers before allowing you to board the flight?

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sparky_jones

10-02 01:03 PM

I am not sure what a_to_z_Gc is looking for more details, but I would like to now if your case was transferred from NSC to CSC and back. Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.

My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.

EB2 cannot combine education or work experience. It must show a single source degree.

Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"

This can be done for EB3 IF it was stated on the labor certificate.

Santa,

Thanks for your response. Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree

H1Girl,

Thanks for your response.

Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.

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bfadlia

02-27 04:53 PM

It's really strange the surge in non-legal issues threads.. If the poster had any genuine hope of getting help she wouldn?t be posting it on a forum for foreigners who obviously have no lobbying power and if we did we will be using it for ourselves first. Somebody is trying to establish an association between us and drug and other law breaking criminals.. Time to put these red dots to a good use.. Get?er boys :)

Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.

Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..

I donot even understand, how you can think like this...

Please donot open thiskind of discussion, people have better things to do in life than reading this..

Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...

BTW: can you post your PD details...

best wishes.

I don't have the necessity to postpone I have filed mine long time back. Iam glasd Atleast 40% agrees to my idea who care about others .. i just need 20% more to get the majority :cool: I would appreciate if we can all focus on the real problem rather than individuals.

prince40

04-14 07:41 PM

Desi consultants should be heavily fined or shut down if they get caught in filing multiple petitions. Why doesn't USCIS take reasonable steps to avoid these kinds of fraud. i hate it when desi consultants hire people from business background and file a H1B for them as a DBA's or programmer analysts or QA's....!!!

or even mech and civil engineers become IT experts in a second

rssb

01-27 06:07 AM

U donno where to even start. My argument was based on relativity and "most of" theory and never was 100%.

U must be a gulti trying to defend ur region - God bless

?? :confused:

As MC and others say lets stay on topic (which is fraud) . You were the first to start and drag unrelated issues into this conversation. FYI I have good friends who are from the region and went to school with them. It does not matter where we are from , the common binding purpose we are discussing on this forum is immigration / legal immigration.

What we need is unity between people ( from various countries) and groups ( EB2, EB3 ) to work towards solving the problem on hand, which is retrogression. And not additional divisions. Who knows EB1 might get retrogressed if there are too many good people capable of that under the current rules.

People from different regions/ countries apply for legal immigration and everyone is undergoing the same thing. For general news, chit chat and adding spice there are other avenues to discuss unrelated politics ( blogs, personal pages, or tv 24/7 news channels ). If you have different topic which states what you are discussing, only interested parties can spend time reading and assimilating that useful information you have provided. Your argument of relativity has nothing related to trivalley or what happened there.